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Drugs & Alcohol

Dayton DUI Attorney Charles Rowland > DUI Law  > Drugs & Alcohol (Page 4)

DUI & Drug Trafficking Cases In Ohio

More and more, we are seeing an increase in drug trafficking cases.  The Ohio State Highway Patrol has become much more aggressive in using a traffic stop as a pretense to do an extensive search for illegal drugs.  These stops frequently turn a minor traffic violation case into a trafficking, distribution or possession of drugs case.  We expect more of these cases as the Ohio State Highway Patrol begins implementation of the Drug Recognition Expert protocol.The analysis of a drug trafficking case is very similar to the approach we take to an impaired driving case.  What that means is that...

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Possession of a Controlled Substance: Drug Possession Laws

Drug Possession, a.k.a. Possession of a controlled substance is defined in Ohio as knowingly obtaining, possessing or using a controlled substance under the Ohio Revised Code § 2925.11.  As applied to marijuana, possession of less than 100 grams (or about 3.5 ounces), giving 20 grams or less of marijuana to another person, or growing less than 100 grams of marijuana are each considered  “minor misdemeanors,” punishable by a maximum fine of $150. A minor misdemeanor is not a “jailable” offense, but a person’s driver’s license can be suspended for a period ranging from six months to five years, and a...

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Alcohol Is A Central Nervous System Depressant

Alcohol is classified as a Central Nervous System Depressant for its effects on the human body.  It is listed as such for purposes of DUI investigations in the 2013 National Highway Traffic Safety Administration (hereinafter NHTSA) "DWI Detection and Standardized Field Sobriety Testing" Participant Guide. See NHTSA, HS 178 R5/13.  CNS Depressant type drugs (see below) slow down the operations of the brain, and usually depress the heartbeat, respiration, and many other processes controlled by the brain. The most familiar and ubiquitous Central Nervous System Depressant is alcohol. Other Depressants of the Central Nervous System include:• Barbiturates (such as Secobarbital (Seconal), and Pentobarbital...

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Where Can I Get Help? Alcohol Addiction Services at TCN-BHS

If you have been arrested for an alcohol related offense, you may consider seeking the help of alcohol addiction specialists.  We try to help our clients by giving them the tools to manage both their case and any alcohol addiction issues that are present.  To that end, Charles Rowland has served on the board of TCN-BHS, Greene County's mental health and alcohol addiction service provider. If you are struggling with an alcohol addiction, here is how to take the first step - If you are seeking a Substance Abuse Assessment, TCN-BHS offers the following Walk-In Clinics: Xenia OfficeMonday Check-in at 9:00 a.m. Wednesday Check-in...

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The Erosion of the Fourth Amendment

The Fourth Amendment to the Constitution was a response to the British government's abuse of writs of assistance.  These writs served as a general type of search power allowing British soldiers to go onto any property without cause.  Any place could be searched at the whim of the holder, and searchers were not responsible for any damage they caused, thereby putting anyone who held such a writ above the law.  The Fourth Amendment engrained a unique principle of free people that a person's home and property were beyond the scope of government officials unless a judicially approved warrant was issued....

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Drugged Driving Defense: The ARIDE Program

Drugged Driving defense attorneys are going to have to learn about the ARIDE program.  The National Highway Traffic Safety Administration’s ARIDE course is described as a bridge between the Standardized Field Sobriety Test (SFST) and Drug Recognition Expert (DRE) courses.  ARIDE, which stands for Advanced Roadside Impaired Driving Enforcement, is a 16-hour course that claims to teach officers how to look for signs of drug impairment (drugged driving) during traffic stops.  The SFST program trains officers to identify and assess drivers suspected of being under the influence of alcohol, while the DEC/DRE program provides more advanced training to evaluate suspected...

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Prescription Drug Addiction in Ohio; Where to Get Help

There is a public health epidemic in Ohio due to the use of opiate-based prescription painkillers.  Over the last decade the abuse of prescription drugs, a medical and legal crackdown have led to an increase in the use of heroin.  According to the Ohio Department of Drug & Alcohol Service, there are 67 pills for every man, woman and child in Ohio with the vast majority of Ohio homes having some form of a drug that may be abused.  Drug overdoses are at an all time high, averaging four deaths a day.  45 percent of the overdose deaths are attributable...

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Ohio Drug Laws And College Students

If you attend college in Ohio you need to know Ohio Drug Laws and how they can get you in trouble. Selling or distributing illicit drugs: O.R.C. Section 2925.03 prohibits any person from selling or offering to sell any controlled substance, preparing or packaging any controlled substance for sale, or distributing any controlled substances.  Anyone who violates this statute is guilty of drug trafficking. Violation of this statute is a felony, the level of which depends on the specific criteria set forth in Section 2925.03(C), including type and weight of drug. The minimum penalty for a fifth degree felony can include 6...

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Drugged Driving: Roadside Saliva Tests

We have written about Ohio law enforcement's focus on drugged driving.  In particular, the Ohio State Highway Patrol has invested heavily in training officers in the Drug Recognition Expert protocol.  There are but a handful of police officers that after years of being on the road receive Drug Recognition Expert (DRE) training. Until recently, there were no approved portable roadside testers. This recently changed with Dräger offering into the market it’s newest device, the Dräger DrugTest ® 5000. It is a portable drug testing device that officers can use at roadside. It is based upon collecting oral fluid (mixed saliva)...

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Does Alcohol Consumption Kill Brain Cells?

It has become a common belief that alcohol consumption kills brain cells, but is that true?Much of the anti-alcohol rhetoric comes from the prohibition era.  The early temperance writers made the assertion that alcohol killed brain cells and also insisted that the alcohol in their blood could cause “drunkards” to catch fire and burn alive. Hanson, David J. Alcohol Education: What we Must Do. Westport, Connecticut: Praeger, 1996, p. 13.  While such over the top arguments have been dropped, they have left the impression that drinking alcohol hurts your brain.  Fortunately, nothing could be further from the truth.Scientific medical research...

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